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Bankruptcy Court for the Middle District of Pennsylvania Court Cases
Presently pending before the Court is the Movants' Motion to Convert the instant small business Chapter 11 case to a Chapter 7 case pursuant to 11 U.S.C. § 1112(b)(1). A protracted hearing was held on September 13, 2007 at which the Debtor's sole corporate officer, S. Mark Poler, testified regarding the current status of the company, the bankruptcy, and any projected business plan. The Debtor also cross examined the Movants concerning their motives for filing the instant Motion.
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: 5:07-50051RNO
In Re Mundy (2007)
After notice and hearing, and for the reasons set forth in the accompanying Opinion, the Motion of the United States Trustee to dismiss the chapter 7 bankruptcy case of Melvin G. Mundy is DENIED.
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: 1-06-BK-00875MDF
In Re Finnegan (2006)Before the Court is the objection of Sovereign Bank, F.S.B. ("Sovereign") to the confirmation of the chapter 13 plan filed by Carol Lynn Finnegan ("Debtor"). Sovereign, which filed a proof of claim for $22,577.68 secured by a 2004 Dodge Grand Caravan, objects to Debtor's proposal to cram down its claim to the value of the collateral. Debtor's chapter 13 plan describes the treatment of Sovereign's claim as follows: "Loan secured by lien on vehicle will be paid lesser of fair market value of [...]
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: 1-06-bk-00198MDF
In Re Lopatka (2009)This contested matter was commenced by an objection to confirmation filed by the Chapter 13 Trustee ("Trustee"). This Opinion deals with the Trustee's objection pertaining to plan length. Presently before this Court is the issue of whether the plan of an above median income debtor with a negative projected monthly disposable income can be confirmed over an objection if the plan does not provide full payment of all allowed unsecured claims and is for less than five years. For the reasons stated [...]
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: 5-08-bk-52181 RNO
In Re Tabor (2010)Merri Simpson Tabor, also known as Jamie Simpson Tabor, ("Debtor") filed a claim of exemption in an Individual Retirement Account ("IRA") that she inherited from her mother. The Chapter 7 trustee, Charles A. Bierbach, Esquire (the "Trustee"), objected, alleging that an inherited IRA may not be exempted under either Pennsylvania law or the Bankruptcy Code. The parties have stipulated to the relevant facts, and the only issue is whether Debtor's inherited IRA may be claimed as exempt under 11 [...]
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: 1:09-bk-05277MDF
In Re Zimmerman (2005)Before the Court is the Complaint of the United States Trustee ("UST") seeking an order denying a discharge to Mark Zimmerman ("Debtor") under 11 U.S.C. § 727(a)(2) and (a)(4). These provisions provide for denial of a discharge to a debtor if he has intentionally concealed assets with intent to hinder, delay or defraud a creditor, or if he has knowingly and fraudulently made a false oath in connection with the case. The Complaint charges that Debtor falsified the values of certain real and [...]
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: Bankruptcy No. 1-04-BK-01965. Adversary No. 1-04-AP-00110
In Re Staub (2000)On April 26, 1999, Paul G. Staub (Debtor) filed a Petition in Chapter 7. His reported net monthly expenses ($1,726.00) exceeded his net monthly income ($1,458.00) by some $268.00. His reported unsecured debts totaled $14,100.00. Debtor's expenses included a payment of $900.00 per month on account of the post-secondary education of two children. Without this expense, Debtor would have over $600.00 per month with which to fund a Chapter 13 Debt Adjustment Plan if he chose to convert his case to [...]
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: 1-99-01818
In Re Bingham (1987)
4. On November 7, 1981, the movant (Thelma Shipula) and her friend, Frances Byrk, while stopped in movants' vehicle at a traffic light in Kingston, Pennsylvania, were struck in the rear by an automobile driven by respondent.
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: Bankruptcy No. 5-84-00485
In Re Fonash (2008)Before me is the motion of the United States Trustee ("UST") to dismiss the bankruptcy petition of Stephen Fonash ("Debtor"). The motion invokes 11 U.S.C. § 707(b)(2) as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub.L. No. 109-8, 119 Stat. 23 ("BAPCPA"). Under § 707(b), granting relief under chapter 7 is presumed to constitute an abuse of the chapter if a debtor's "current monthly income" exceeds his allowable expenses by a statutorily specified amount. [...]
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: 1:08-bk-01856MDF
In Re Talmadge (2007)
The United States Trustee contends that the Chapter 7 filing of the Debtors is presumed abusive under the Bankruptcy Code, § 707(b)(2). The Debtors dispute that conclusion and suggest that the statutory language is being misinterpreted.
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: 5-06-bk-50001
In Re Lacrosse (1999)On January 11, 1999, Lawrence J. Lacrosse ("Lacrosse") and Donna J. Lacrosse ("Mrs. Lacrosse") (sometimes, collectively, "Debtors") filed a voluntary petition under Chapter 7 of the United States Bankruptcy Code. Within the time frame allotted, the United States Trustee ("Trustee") filed a Motion to Dismiss pursuant to 11 U.S.C. § 707(a) and (b). These sections, respectively, allow dismissal of a case for "cause" or "substantial abuse". Debtors answered, a hearing was held, and the matter is [...]
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: 1-99-00118
In Re Gagnon (1983)The plaintiff, the trustee in the above captioned bankruptcy, has commenced an adversary proceeding against the debtor and the First National Bank of Palmerton (the Bank) in which he objects to the debtor's claimed exemptions and seeks an order directing the Bank to turn over a partnership bank account in which the debtor has an interest. The issue presented in this dispute is whether an individual debtor filing for relief under the Bankruptcy Act of 1978 can claim an exemption in bankruptcy in [...]
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: Bankruptcy No. 5-81-00708, Adv. No. 5-82-0004
In Re Homschek (1998)In today's society purchasing power is no longer solely defined by a cash medium. The expansion of the credit card industry characterizes the practice of purchasing merchandise from retailers on store or bank issued credit cards as the socially desirable norm. Americans have been bombarded with advertising slogans to this effect, e.g. "It's everywhere you want to be"; "Don't leave home without it"; and "Discover the possibilities." In 1996, it was estimated approximately 460,000,000 credit [...]
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: Bankruptcy No. 5-96-00841, Adversary No. 5-96-0220A
In Re Bardo (2007)
An Objection to the Debtors' Chapter 13 Plan has been filed by the standing Trustee and an unsecured creditor, eCast Settlement Corporation. The Trustee's Objection is currently subject to settlement discussions, but the Objection of eCast raises fundamental issues of interpretation with regard to a certain BAPCPA amendment as well as factual issues addressing the reasonableness of various expenses.
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: 5-06-bk-51065
In Re RML, Inc. (1996)Before me is the Complaint of The Official Committee of Unsecured Creditors of R.M.L., Inc., previously known as Intershoe, Inc. (the "Committee"), seeking to recover $846,791.07, representing payments made by debtor Intershoe, Inc. ("Intershoe") to defendant Conceria Sabrina ("Sabrina"). The Committee brought its claims pursuant to Sections 547(b) and 548(a)(2) of the Bankruptcy Code, and also seeks an award of prejudgment interest. For the reasons stated below, judgment will be rendered on [...]
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: Bankruptcy No. 1-92-00419. Adv. No. 1-93-0248
In Re Baldino (2007)The United States Trustee seeks reconsideration of this Court's May 16, 2007 Order denying a Motion to Dismiss the Debtor's case under 11 U.S.C. § 707(b)(3). The Motion alleges that the Court's Opinion contained a manifest error of law by failing, to consider income of the non-filing spouse which was not expressly dedicated to household expenses. For the reasons stated herein, the Court maintains the propriety of its original decision and the Trustee's Motion to Reconsider is denied.
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: 5:07 BK 50195
In Re RE Lee & Sons, Inc. (1989)
This matter is before the court on an objection to distribution filed against the Trustee by Agway, Inc. (hereinafter "Agway"). For the reasons provided herein, we find the objections to be without merit and, therefore, denied.
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: Bankruptcy No. 5-86-00007
In Re Pagnotti (2001)
In this case, Louis Pagnotti, Jr. (hereinafter "Debtor") objects to certain proofs of claim filed in his Chapter 11 bankruptcy proceeding, case #X-XX-XXXXX. Debtor filed his voluntary Chapter 11 petition on January 31, 1997. Four creditors (hereinafter "Claimants"), closely related to the Debtor and other members of the Debtor's family, filed proofs of claim in the amounts discussed below on July 2, 1998.
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: 5-97-00245
In Re Brooks (2008)
Before the Court is a motion filed by the chapter 7 trustee ("Trustee") seeking the turnover of either a vehicle owned by Debtor Kevin Brooks on the date of the petition or the proceeds from the sale of the vehicle.
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: 1-07-bk-03922MDF
In Re Zierden-Landmesser (1997)
Both parties have framed the issue as to whether Health Education Assistance Loans ("HEAL") of the Defendant are subject to the unconscionability standard found in 42 U.S.C. § 292f(g) (conditions for discharge of debt in bankruptcy) rendering those loans nondischargeable in the instant bankruptcy. That section in its entirety provides as follows:
Court: Bankruptcy Court for the Middle District of Pennsylvania Docket: Bankruptcy No. 5-95-00365, Adversary No. 5-96-00182A